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IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13914 of 2022

Shantilata Jena

&.

Petitioner

Mr. S.N. Mishra, Advocate

-versus-

State of Odisha

&.

Opposite Party

Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH

Order No.

ORDER

25.11.2022

02.

1. Heard the learned counsel for the Petitioner and the State.

2. By means of this application, the Petitioner seeks grant of bail

under Section 438, Cr.P.C. in apprehension of arrest for her alleged

involvement in the offence under Sections 21(b) & 29 of the

N.D.P.S. Act, in connection with Gop P.S. Case No.397 of 2022

corresponding to Spl. G.R. Case No.71 of 2022 pending in the court

of learned Addl. Sessions Judge-cum-Special Judge, Nimapara.

3. It is alleged that, on 09.10.2022 at about 08.15 A.M. one Bhaskar

Mania, S.I. of Police, Gop P.S. along with other police personnel of

the said P.S., while performing patrolling duty, received reliable

information that contraband narcotics, i.e. brown sugar is being

carried by some drugs peddler in a white colour TATA Indigo Car,

which was coming from Pipili to Konark side. They rushed to the

spot immediately and tried to stop that vehicle on the way Nimapara-

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Gop main road near village Bisarapur for verification. The driver of

the said car and the rider tried to escape from the spot, but could be

nabbed by the police party. However, one lady, who was sitting in

the car, could manage to flee away from the spot. On being asked ,

the car driver disclosed his identify as Gopi @ Dillip Pradhan and his

associate namely Dilu @ Dillip Kandi and the lady who escaped

from the spot was Shantilata Jena , w/o. Lt. Kailash Chandra Jena of

village 3 Rench, P.S. 3 Nimapada in the district of Puri. The other

bike rider, who was also nabbed on the spot, disclosed his name as

Pravat Seth.

4. On verification, the police personnel found and seized some

polythene packets containing total 73 grams of impure form of

Heroin known as Brown Sugar from their conscious possession

along with other materials. On being asked, they admitted that they

brought the said contraband substances heroin (brown sugar) from

one unknown person of Khordha, Samantrapur for selling purpose in

Puri district. On demand, they failed to produce any license or

authority for such conscious and exclusive possession of such

contraband heroin (brown sugar).

5. It is submitted by the learned counsel for the Petitioner that

nothing has been seized from the possession of the Petitioner and has

falsely been implicated and may be considered for bail. The learned

ASC opposed with vehemence submitting the Petitioner to have

escaped from being nabbed and had active participation in the

paddling of contraband article.

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6. Considering the nature of allegation, seriousness and gravity of the

offence and the facts and circumstances of the case the involvement

of the Petitioner cannot be ruled out in as much as the persons

nabbed have disclosed the name of the Petitioner at the very spot

without any hesitation. The act alleged being absolutely grave and

smuggling of contraband being rampant no leniency can be shown to

the Petitioner on the ground of her being a woman. This Court is,

therefore, not inclined to admit the petitioner to anticipatory bail.

The prayer for bail accordingly stands rejected and the ABLAPL is

dismissed.

(Chittaranjan Dash)

Judge

S.K.Parida